LRD guides and handbook November 2019

Redundancy law - a guide for union reps

Introduction

Introduction [page 4] (296 words)

Figures from the Office for National Statistics show an overall fall in redundancy figures year-on-year over the past decade since their peak in 2009. ...
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Chapter 1

1. What is redundancy? [ch 1: page 5] (50 words)

This Chapter explains the meaning of redundancy in the context of individual rights to a redundancy payment and to claim unfair dismissal. The ...
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The statutory test for redundancy [ch 1: page 5] (383 words)

What if the number of employees stays the same but there is less work to do? [ch 1: page 6] (501 words)

Relocation redundancies and mobility clauses [ch 1: pages 7-8] (557 words)

Reorganisations [ch 1: page 8] (311 words)

Changes in shift patterns [ch 1: pages 8-9] (140 words)

Same role but less pay? [ch 1: page 9] (275 words)

Replacing direct employees with other workers [ch 1: page 9] (105 words)

‘Bumping’ [ch 1: page 10] (318 words)

Has there been a dismissal? [ch 1: page 10] (100 words)

Voluntary redundancy [ch 1: pages 11-12] (492 words)

Ending of fixed-term contracts [ch 1: pages 12-13] (430 words)

Apprentices [ch 1: page 13] (372 words)

Death of employer [ch 1: page 13] (41 words)

Chapter 2

2. Collective redundancy consultation [ch 2: page 14] (270 words)

Chapter one of this booklet looked at the definition of redundancy and the process that must be followed in relation to individual employees. Where ...
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Number of employees [ch 2: pages 14-15] (183 words)

Meaning of ‘establishment’ [ch 2: page 15] (306 words)

Wider definition of redundancy [ch 2: pages 15-16] (284 words)

Appropriate representatives [ch 2: page 16] (281 words)

Electing representatives where there is no recognised union [ch 2: page 17] (274 words)

Rights of representatives [ch 2: pages 17-18] (174 words)

What does ‘consultation’ mean? [ch 2: pages 18-19] (711 words)

Consultation must be ‘in good time’ [ch 2: pages 19-21] (650 words)

Information that must be provided by the employer [ch 2: page 21] (246 words)

Lack of information does not justify a failure to consult [ch 2: page 22] (191 words)

Confidentiality is not an excuse [ch 2: page 22] (111 words)

Who owes the duty to consult? [ch 2: page 22] (66 words)

Which employees are covered by the consultation duty? [ch 2: pages 22-23] (146 words)

When does consultation end? [ch 2: page 23] (65 words)

Each consultation needs a fresh section 188 notice [ch 2: page 23] (141 words)

The appointment of administrators [ch 2: page 23] (89 words)

Redundancy consultation and TUPE [ch 2: page 24] (276 words)

Remedies for failure to consult — protective award [ch 2: pages 24-25] (360 words)

A protective award is supposed to punish the employer [ch 2: page 25] (97 words)

The ‘special circumstances’ defence [ch 2: pages 25-26] (549 words)

Calculating the protective award [ch 2: page 27] (416 words)

Notification of collective redundancies to the government [ch 2: page 28] (185 words)

Chapter 3

3. Redundancy selection [ch 3: page 29] (70 words)

Most workplaces that have a recognised trade union with have an agreed procedure in place for redundancy selection. A redundancy procedure, unlike a ...
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Redundancy selection procedures and the law [ch 3: pages 29-30] (598 words)

Deciding on the selection pool [ch 3: pages 30-31] (451 words)

Choosing selection criteria [ch 3: pages 31-32] (588 words)

Individual consultation and redundancy selection [ch 3: page 32] (88 words)

Is there a right to know your scores? [ch 3: page 33] (133 words)

Is there a right to other workers’ scores? [ch 3: page 33] (208 words)

Is there a right to appeal against redundancy selection? [ch 3: pages 33-34] (297 words)

Chapter 4

4. Offers of alternative work [ch 4: page 35] (177 words)

Union-negotiated agreements about redeployment and retraining are often significantly better than any statutory minimum rights. Good redeployment ...
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Alternative employment [ch 4: pages 35-36] (586 words)

Acceptance of job offer [ch 4: page 37] (98 words)

Employee’s refusal of alternative job [ch 4: pages 37-39] (928 words)

The statutory trial period [ch 4: pages 39-40] (589 words)

Is there a legal duty to offer internal vacancies first to suitable employees at risk of redundancy? [ch 4: pages 40-41] (289 words)

Employees on maternity, adoption and shared parental leave [ch 4: pages 41-43] (835 words)

Time off to look for alternative work or arrange training [ch 4: page 43] (130 words)

Chapter 5

5. Individual consultation [ch 5: page 44] (339 words)

Regardless of whether an employer has a duty to enter into collective consultation (see Chapter 2), they must consult individual employees who are at ...
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Right to see scores [ch 5: page 44] (43 words)

Right to be accompanied [ch 5: pages 44-45] (150 words)

Right to appeal [ch 5: page 45] (175 words)

Chapter 6

6. Equality and redundancy [ch 6: page 46] (357 words)

It is unlawful for an employer to discriminate against an employee in a redundancy situation and unions should address equality issues when ...
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Disability discrimination [ch 6: pages 46-48] (871 words)

Sex discrimination [ch 6: pages 48-49] (307 words)

Pregnancy and maternity leave [ch 6: pages 49-50] (408 words)

Temporary and part-time workers [ch 6: page 50] (200 words)

Age discrimination [ch 6: page 51] (363 words)

Last in, first out [ch 6: pages 51-52] (257 words)

Union membership or activity and redundancy selection [ch 6: pages 52-53] (464 words)

Shopworkers [ch 6: page 53] (80 words)

Chapter 7

7. Unfair redundancy [ch 7: pages 54-55] (569 words)

If an employee believes that their redundancy dismissal was unfair, they can bring a claim for unfair dismissal in an employment tribunal. In most ...
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Reasonableness [ch 7: pages 55-56] (347 words)

Time limit [ch 7: page 56] (60 words)

Offsetting redundancy pay [ch 7: page 56] (63 words)

Chapter 8

8. Redundancy pay [ch 8: page ] (26 words)

This Chapter sets out the right to statutory redundancy pay and looks at contractual entitlement to enhanced redundancy pay. ...
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Statutory redundancy pay [ch 8: page 57] (248 words)

Calculating entitlement [ch 8: pages 57-58] (513 words)

Public sector redundancy pay [ch 8: page 59] (305 words)

Enhanced redundancy pay [ch 8: pages 59-60] (155 words)

Establishing a contractual right [ch 8: pages 60-63] (1,281 words)

Redundancy pay and age discrimination [ch 8: page 63] (431 words)

Settlement agreements [ch 8: page 64] (151 words)

Lay-offs and short-time working [ch 8: pages 64-65] (594 words)

Notice [ch 8: pages 65-66] (188 words)

Varying notice by employer [ch 8: page 66] (147 words)

Varying notice by employee [ch 8: pages 66-67] (196 words)

Leaving too early means no redundancy payment [ch 8: page 67] (67 words)

Strikes [ch 8: page 67] (331 words)

Claiming unpaid redundancy pay [ch 8: page 68] (91 words)

Taxation [ch 8: page 68] (75 words)

State benefits [ch 8: page 68] (62 words)

Pension [ch 8: page 68] (104 words)

Chapter 9

9. Redundancy and insolvency [ch 9: pages 69-70] (557 words)

If an employer cannot pay redundancy compensation because of insolvency, it is paid (subject to a cap) by the secretary of state through the ...
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Pensions [ch 9: page 70] (134 words)

Defined contribution schemes [ch 9: pages 70-71] (118 words)

Defined benefit schemes [ch 9: page 71] (207 words)

Further information

Further information (323 words)

Copies of relevant statutes and regulations are available online at: www.legislation.gov.uk. In Northern Ireland, legislation is published on the ...
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